Court quashes Tory cabinet’s Globalive decision (overturned) - Canadian TV, Computing and Home Theatre Forums
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post #1 of 124 (permalink) Old 2011-02-04, 04:09 PM Thread Starter
 
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Court quashes Tory cabinet’s Globalive decision (overturned)

From BNN.CA at 3:50 pm

"A judge has struck down the Harper cabinet’s 2009 decision to overrule the CRTC and instead let a cell carrier with Egyptian ties operate in Canada.

“That decision was based on errors of law and must be quashed,” Justice Roger Hughes of Federal Court wrote on Friday.

He put in place a 45-day stay of judgment in order to avoid chaos and give the carrier, Globalive, a chance to go back to the federal telecom regulator. This means Globalive can keep operating for now.

The appeal to Federal Court was brought by Public Mobile, a wireless competitor. It had asked for the judicial review, arguing the Harper cabinet exceeded its authority when it allowed Globalive and its Wind Mobile brand to operate despite the fact it wasn't sufficiently Canadian-owned or controlled for the Canadian Radio-television Telecommunications Commission.

more at http://www.bnn.ca/News/2011/2/4/Cour...-decision.aspx

Edit by TorontoColin: The decision has been overturned, please see post 111

Last edited by TorontoColin; 2011-06-08 at 04:57 PM.
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post #2 of 124 (permalink) Old 2011-02-04, 04:42 PM
 
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so does this give globe alive the ability to sue the gov for all the money its dumped into towers?

wonder if this will actauly ever lead to anything other then the gov finding a different reason to let them operate.
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post #3 of 124 (permalink) Old 2011-02-04, 05:17 PM
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Yikes! Is it the RC Act that determines foreign ownership?
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post #4 of 124 (permalink) Old 2011-02-04, 06:13 PM
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Even if they're ordered to reduce foreign investment, I doubt they'd have trouble getting new investment now that they have become established. They have come a LONG way from zero and have a substantial user base now.
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post #5 of 124 (permalink) Old 2011-02-04, 06:22 PM
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Tories talking about a new bill to allow more foreign ownership. YAHOO!!!

http://www.theglobeandmail.com/news/...rticle1894874/

Hope it will apply to TV too.
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post #6 of 124 (permalink) Old 2011-02-04, 07:04 PM
 
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This is ludicrous. Who is in charge? If the government is going to quash rulings by the CRTC just to have the CRTC turn around and quash the quash, nothing will ever get done. I really think it's time for the government to finally quash the CRTC. They've outlived their usefulness, they are obviously corrupt, and have demonstrated over and over again they do not have the Canadian Consumer's interest in mind.
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post #7 of 124 (permalink) Old 2011-02-04, 07:24 PM
 
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Originally Posted by redzone View Post
so does this give globe alive the ability to sue the gov for all the money its dumped into towers?

wonder if this will actauly ever lead to anything other then the gov finding a different reason to let them operate.
actually no they can not sue them. You see the CRTC and IC had 2 separate standards that had to be made. There was a provision in the process that if the company failed one of the standards they would lose their right to operate. Wind's ownership structure is whats in question. 65% more like 99%.. 250k? under 200k they have been trying for foregin investment since launch. It was hard to believe that Orascom would invest all the money, supply all the experts, supply all the handsets, use its buying power to get said handsets and have no control... This also raises the question will the details oh how the decision was over turned the first time come to light? All in all this is not going well.. people in wind have said they are running a skeleton crew, not spending any money and have cut some staff.. couple that with the outsourcing to India and Egypt for the call centers.. the sale.. it all adds up to make it a difficult time ahead.
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post #8 of 124 (permalink) Old 2011-02-04, 07:24 PM
 
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It's not the CRTC the quashed the ruling, it's the Federal Court.
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post #9 of 124 (permalink) Old 2011-02-04, 07:45 PM
 
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It's not the CRTC the quashed the ruling, it's the Federal Court.
The original quash was from the CRTC. Twice actually.
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post #10 of 124 (permalink) Old 2011-02-04, 08:32 PM
 
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Whoever is in charge has to be elected from the people. The CRTC is not an elected body. The MP's the form the government are elected.
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post #11 of 124 (permalink) Old 2011-02-04, 09:05 PM Thread Starter
 
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Whoever is in charge has to be elected from the people. The CRTC is not an elected body. The MP's the form the government are elected.
Exactly and some years back the people voted for a government that felt that the Telecoms act was a good and proper thing. The current government may absolutely rework that act or repeal it if a majority of MPs and Senators agree with them. I suspect that a majority of the current set of MPs and Senators would NOT agree to a hastily worked out change to the Act...although a carefully done new 21st century Telecoms act might get enough agreement to be passed. But that would take at least a year of discussions and hearings.
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post #12 of 124 (permalink) Old 2011-02-04, 09:49 PM
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Quote:
Originally Posted by Blackburst View Post
Whoever is in charge has to be elected from the people. The CRTC is not an elected body. The MP's the form the government are elected.
True but we are still a country of laws and the law says that the Government erred in its decision to overturn the CRTC decision. The Government is not above the law. It can try and modify it I guess, but I believe that given their situation (minority) it may not be as simple as it seems.
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post #13 of 124 (permalink) Old 2011-02-04, 09:58 PM
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Yahoo!

what I wrote in Post #8 of this thread

Quote:
Although I was highly critical of the CRTC's decision after Industry Canada had previously approved Globalive's corporate structure, today's decision clearly shows that the Federal Government is corrupt (and I use that word in its truest sense meaning the government is not working properly not in the sense that bribes are taking place)

The capriciousness of this decision terrifies because it shows our politicians and bureaucrats are NOT operating under the rule of law which, history tells us, leads to more corruption and more unsound decisions.

I want Wind in Canada, however, I want Wind to be in Canada because it followed the rules and NOT because a bunch of politicians got together in a backroom and overturned the rules of the land
Glad to see the court agrees.



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post #14 of 124 (permalink) Old 2011-02-04, 10:18 PM
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The court may agree but I don't think the people will!

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post #15 of 124 (permalink) Old 2011-02-04, 10:32 PM
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Mike, as I said before

Quote:
But seriously, I agree about the foreign ownership issue but that's not what the laws of Canada require. I believe all company's and politicians should abide by the law. Telus and the CRTC decision would suggest that Mr. Clement and his political peers have made a decision that contravenes the laws of Canada.

My belief is that, if the laws are wrong, then change them so everyone operates on a level playing field but don't make arbitrary backroom political decisions that essentially tell the country that "whoever gets the ear of the minister gets the winning decision.
If the government doesn't like it then get a majority in parliament and change the laws.



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